AutoAp, Inc.’s Terms of Sale
2. AutoAp Account
Use of certain Services require that you open AutoAp account. Note some AutoAp services and content may vary by region.
Please refer to our Privacy and Security Policy more information on how AutoAp collects, uses and shares the information we receive from you. You agree that in order to process your order and to protect you and AutoAp from fraudulent transactions, AutoAp may provide your order information to reputable third parties to perform address verifications and make deliveries.
4. Ordering and Payment
When you place an order, you permit AutoAp to charge the credit card, debit card or other payment method in the total amount of your order (including any shipping and handling charges and taxes). AutoAp reserves the right to reject your order.
AutoAp’s Services is available nationwide.
6. Prices and Taxes
Currently, AutoAp is not charging for the Services and reserves the right to do so at any time. The Services price displayed on the site does not include any shipping and handling charges. All applicable taxes will be presented at checkout, even if they are not displayed on the Services page. All prices displayed on the Services website are subject to change at any time without notice. Should you sell your vehicle, AutoAp may maintain your vehicle as listed beyond the time it has sold. AutoAp will do its best to keep the database current. You may continue receiving messages from Users until you report your vehicle as sold.
7. Pricing Mistakes
We try very hard to make sure there are no mistakes in the prices that appear on the site. In the unlikely event that a mistake happens you agree that AutoAp will not be bound by that incorrect price, unless your credit card, debit card or other payment method has already been charged. If a mistake is discovered and you haven’t been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
The Services may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply to your use of the Services. These laws may include restrictions on destinations, users, and end use. You may only use the Services in accordance with the instructions that come with it, including instructions that may be available on line.
You may not commercially resell any Services.
10. Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES REFERRED TO IN THE SERVICES SPECIFIC ADDENDUM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAP AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “AUTOAP PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SERVICES OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT AUTOAP PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTOAP PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO AUTOAP UNDER THESE TERMS.
12. Governing Law and Jurisdiction
The courts in some countries will not apply Oregon law to consumers in those countries, or some types of terms and disputes. If you reside in one of those countries, then where Oregon law is excluded from applying, your country’s laws will apply to these terms and any disputes related to them terms. Otherwise, you agree that the laws of Oregon, U.S.A., excluding Oregon’s choice of law rules, will apply to these Terms and any disputes arising out of or relating to them. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Washington County, Oregon, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Washington County, Oregon, USA, and you and AutoAp consent to personal jurisdiction in those courts. Notwithstanding this, AutoAp reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
13. Changes to the Terms
The Terms in effect at the time you place an order for Services will apply to such order and Services. AutoAp reserves the right to make changes to these Terms from time to time, and any such changes will take effect immediately, except that changes with respect to your rights and obligations relating to payments, pick-up or delivery, returns, product warranty, and refunds will only apply to future orders. You may access the current version of the Terms on AutoAp’s website.
14. Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
15. No Waiver
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
AutoAp may in its sole discretion allow you to order Services using alternate payment methods. You permit AutoAp to charge the credit card, debit card or other payment method in the total amount of your order (including applicable tax). If AutoAp determines that you are not eligible to purchase Services or chooses or is unable to make Services available to you, and you have already been charged, you will receive a full refund. You may cancel your order for a full refund by contacting AutoAp support. Any refunds, reversal of charges, or additional charges or fees will be processed using your initial payment method.
18. Software and Services
From time to time, AutoAp may check with remote servers (hosted by AutoAp or by third parties) for available updates to both the software and any services you have enabled, including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
In order to resolve a complaint regarding the Solutions or Company Services or to receive further information regarding use of the Company Services, please contact the Company as set forth below:
15455 NW Greenbrier Parkway, Suite 140
Beaverton, OR 97006
Email: legal (=at=) autoap (=dot=) com
EFFECTIVE DATE / DATE LAST MODIFIED
These Terms of Sale are effective as of January 1, 2014.